U.S. Customs Issues Cable Operation Ruling Helpful To Offshore Wind

On November 9, 2021, U.S. Customs And Border Protection Made Public A Ruling Dated November 2 Regarding The Laying And Burial By A Foreign Vessel Of Fiber Optic Cable In U.S. Waters And The Transportation Of Technicians By That Vessel. The Ruling Would Apply Equally To The Laying And Burial Of Power Cable And Furthers Substantially The Understanding Of What Operations A Foreign Vessel May Undertake In U.S. Waters.

CBP Has Long Held That A Foreign Vessel May Pick Up Pipe Or Cable In A U.S. Port And Lay It From That Point To Another Point In The United States Or Otherwise Between Two U.S. Points. The Rationale Is That The Laying Of Pipe Or Cable Is Not The &Ldquo;Transportation&Rdquo; Of &Ldquo;Merchandise&Rdquo; Between Two U.S. Points Which Is Proscribed By U.S. Coastwise Law Known As The &Ldquo;Jones Act.&Rdquo; This Holding Was Affirmed In The November 2 Ruling.